HB 0725 2003
1	CHAMBER ACTION
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6	The Committee on Public Safety & Crime Prevention recommends the
7	following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to the collection of blood and biological
13	specimens by the Department of Law Enforcement; amending
14	s. 948.03, F.S.; requiring that each sex offender placed
15	on probation or community control submit an approved
16	biological specimen to be registered with the DNA data
17	bank; amending s. 943.325, F.S.; deleting an obsolete
18	effective date; requiring that, in addition to a blood
19	specimen, an approved biological specimen may be collected
20	from a person convicted of specified offenses who is
21	incarcerated or in the custody of the Department of
22	Juvenile Justice; providing for collection of specimens;
23	requiring that the sheriff secure, process, and transfer
24	to the Department of Law Enforcement the blood and
25	biological specimens collected from persons who are not
26	incarcerated; providing an effective date.
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28	Be It Enacted by the Legislature of the State of Florida:
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30	Section 1. Paragraph (a) of subsection (5) of section
31	948.03, Florida Statutes, is amended to read:
32	948.03 Terms and conditions of probation or community
33	control.--
34	(5) Conditions imposed pursuant to this subsection, as
35	specified in paragraphs (a) and (b), do not require oral
36	pronouncement at the time of sentencing and shall be considered
37	standard conditions of probation or community control for
38	offenders specified in this subsection.
39	(a) Effective for probationers or community controllees
40	whose crime was committed on or after October 1, 1995, and who
41	are placed under supervision for violation of chapter 794, s.
42	800.04, s. 827.071, or s. 847.0145, the court must impose the
43	following conditions in addition to all other standard and
44	special conditions imposed:
45	1. A mandatory curfew from 10 p.m. to 6 a.m. The court may
46	designate another 8-hour period if the offender's employment
47	precludes the above specified time, and such alternative is
48	recommended by the Department of Corrections. If the court
49	determines that imposing a curfew would endanger the victim, the
50	court may consider alternative sanctions.
51	2. If the victim was under the age of 18, a prohibition on
52	living within 1,000 feet of a school, day care center, park,
53	playground, or other place where children regularly congregate,
54	as prescribed by the court.
55	3. Active participation in and successful completion of a
56	sex offender treatment program with therapists specifically
57	trained to treat sex offenders, at the probationer's or
58	community controllee's own expense. If a specially trained
59	therapist is not available within a 50-mile radius of the
60	probationer's or community controllee's residence, the offender
61	shall participate in other appropriate therapy.
62	4. A prohibition on any contact with the victim, directly
63	or indirectly, including through a third person, unless approved
64	by the victim, the offender's therapist, and the sentencing
65	court.
66	5. If the victim was under the age of 18, a prohibition,
67	until successful completion of a sex offender treatment program,
68	on unsupervised contact with a child under the age of 18, unless
69	authorized by the sentencing court without another adult present
70	who is responsible for the child's welfare, has been advised of
71	the crime, and is approved by the sentencing court.
72	6. If the victim was under age 18, a prohibition on
73	working for pay or as a volunteer at any school, day care
74	center, park, playground, or other place where children
75	regularly congregate.
76	7. Unless otherwise indicated in the treatment plan
77	provided by the sexual offender treatment program, a prohibition
78	on viewing, owning, or possessing any obscene, pornographic, or
79	sexually stimulating visual or auditory material, including
80	telephone, electronic media, computer programs, or computer
81	services that are relevant to the offender's deviant behavior
82	pattern.
83	8. A requirement that the probationer or community
84	controllee must submit two specimens of blood or other approved
85	biological specimensto the Florida Department of Law
86	Enforcement to be registered with the DNA data bank.
87	9. A requirement that the probationer or community
88	controllee make restitution to the victim, as ordered by the
89	court under s. 775.089, for all necessary medical and related
90	professional services relating to physical, psychiatric, and
91	psychological care.
92	10. Submission to a warrantless search by the community
93	control or probation officer of the probationer's or community
94	controllee's person, residence, or vehicle.
95	Section 2. Subsections (1) and (3) of section 943.325,
96	Florida Statutes, are amended to read:
97	943.325 Blood or other biological specimen testing for DNA
98	analysis.--
99	(1)(a) Any person who is convicted or was previously
100	convicted in this state for any offense or attempted offense
101	enumerated in paragraph (b), and any person who is transferred
102	to this state under Article VII of the Interstate Compact on
103	Juveniles, part V of chapter 985, who has committed or attempted
104	to commit an offense similarly defined by the transferring
105	state, who is either:
106	1. Still incarcerated, or
107	2. No longer incarcerated, or has never been incarcerated,
108	yet is within the confines of the legal state boundaries and is
109	on probation, community control, parole, conditional release,
110	control release, or any other type of court-ordered supervision,
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112	shall be required to submit two specimens of blood or other
113	biological specimens approved by the Department of Law
114	Enforcement to a Department of Law Enforcement designated
115	testing facility as directed by the department.
116	(b)1. Chapter 794, chapter 800, s. 782.04, s. 784.045, s.
117	810.02, s. 812.133, or s. 812.135.
118	2. Effective July 1, 2002, and contingent upon specific
119	appropriation, s. 812.13 or s. 812.131.
120	3. Effective July 1, 2003, and contingent upon specific
121	appropriation, chapter 787 or s. 782.07.
122	4. Effective July 1, 2004, and contingent upon specific
123	appropriation, any forcible felony, as described in s. 776.08,
124	aggravated child abuse, as described in s. 827.03(2), aggravated
125	abuse of an elderly person or a disabled adult, as described in
126	s. 825.102(2), or any felony violation of chapter 790 involving
127	the use or possession of a firearm.
128	5. Effective July 1, 2005, and contingent upon specific
129	appropriation, any felony offense.
130	(c) As used in this section, the term "any person"
131	includes both juveniles and adults committed to a county jail or
132	committed to or under the supervision of the Department of
133	Corrections or the Department of Juvenile Justice, including
134	persons incarcerated in a private correctional institution
135	operated under contract pursuant to s. 944.105 or s. 957.03.
136	(d) Effective July 1, 2001,Any person who was previously
137	convicted in this state for any offense or attempted offense
138	enumerated in subparagraph (b)1., subparagraph (b)2., or
139	subparagraph (b)3. and who is still incarcerated or in the
140	custody of the Department of Juvenile Justice must submit, not
141	less than 45 days before his or her presumptive date of release
142	from such incarceration or commitment, two specimens of blood or
143	other approved biological specimensas directed by the
144	Department of Law Enforcement to a testing facility designated
145	by the department.
146	(3) Upon a conviction of any person for any offense under
147	paragraph (1)(a) which results in the commitment of the offender
148	to a county jail, correctional facility, or juvenile facility,
149	the entity responsible for the facility shall assure that the
150	blood specimens or other biological specimens required by this
151	section and approved by the Department of Law Enforcement are
152	promptly secured and transmitted to the Department of Law
153	Enforcement. Personnel at the jail, correctional facility, or
154	juvenile facility shall collect the specimens as part of the
155	regular processing of offenders committed to the jail or
156	facility.If the person is not incarcerated following such
157	conviction, the person may not be released from the custody of
158	the court at the time of sentencingor released pursuant to a
159	bond or surety until the blood specimens or other approved
160	biological specimens required by this section have been taken by
161	the sheriff or his or her designee. The sheriff shall secure,
162	process, and transmit the specimens to the Department of Law
163	Enforcement in a timely manner.The chief judge of each circuit
164	shall, in conjunction with the sheriff or other entity that
165	maintains the county jail, assure implementation of a method to
166	promptly collect required blood specimens or other approved
167	biological specimens and forward the specimens to the Department
168	of Law Enforcement. The Department of Law Enforcement, in
169	conjunction with the sheriff, the courts, the Department of
170	Corrections, and the Department of Juvenile Justice, shall
171	develop a statewide protocol for securing the blood specimens or
172	other approved biological specimens of any person required to
173	provide specimens under this section. Personnel at the jail,
174	correctional facility, or juvenile facility shall implement the
175	protocol as part of the regular processing of offenders.
176	Section 3. This act shall take effect July 1, 2003.